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10-1466 RZ Fast Eddys Ten Mile Station 10-001 (110111937)ADA COUNtY RECORDER J. DAVID NAVARRO AMOUNT .00 ! BOISE IDAH011129110 11:48 AM DEPUtY Vicki Allen ll i I' II I II I) I I II I Il ~ II II I II III II I'll RECORDED-REQUE8t OF 116~111~37 Meridian City CITY OF MERIDIAN ORDINANCE NO. `~ ' ~ylo~o BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 10-001 FAST EDDY'S TEN MILE STATION) FOR THE RE- ZONE OF A PARCEL OF LAND BEING A PORTION OF THE COURTYARDS AT TEN MILE SUBDIVISION LOCATED IN THE NORTHWEST '/ OF THE SOUTHWEST '/ OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 5.9 ACRES OF LAND FROM THE C-N (NEIGHBORHOOD BUSINESS) ZONING DISTRICT TO THE C-C (COMMUNITY BUSINESS) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Truce, LLC and ST Investments. SECTION 2. That the above-described real property is hereby re-zoned from the C-N (Neighborhood Business) zoning district to the C-C (Community Business) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE -ANNEXATION - RZ 10-001 FAST EDDY'S TEN MILE STATION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l~ day of ~. ~ , 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 23r~~day of , 2010. MAY AMMY de WEERD ATTEST: ~~.~` p~ ''.,~ JAYCEE-~. HOLMAN, CITY RE-ZONE -ANNEXATION - RZ 10= SEAL = 9~c ~~`~ o ~,~' L N' ~ MILE STATION ''% ~ouN-rY ,.,,~', Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~_ day of N~vcm~e,/ , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year firs~~~~ ritten. ti~ ~. R YES•• (SEAL) : W ~ z ; • • • ~ ; x. .~, • ~ tiV'~: i `~~ ~ ~~ ~ ~._ 4 • '•~ S`!'A•TE ~ • '•...... N ARY P LIC AHO RE IDING AT: (~errrd~o.v, ~ l~~h~ MY COMMISSION EXPIRES:~~~~ RE-ZONE -ANNEXATION - RZ 10-001 FAST EDDY'S TEN MILE STATION Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10-~(Q PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and re-zoning for parcel of land being a portion of The Courtyards at Ten Mile Subdivision located in the Northwest % of the Southwest % of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 5.90 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached Exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at C' ~~of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shal, ~me`eeet}~Sn the _ day of ~~ N M ,er , 2010. ~.;"P°'~ ; ;~c ` ::; c,~ ,. 1';' : 'v ~~ .. t : ~ i ~_: ,`' ~ .~ .~ ~ n e ~s W'~ r ., y of Men ' n ~± v ~rr , ~ .,,,~ ~ z, Mayor and City Council ~~ `~.~ ~ ~,<~ ~:a`~,,,~-,,;;;j~ By: Jaycee L. Holman, City Clerk ~~ 1 of ~ ~ . ~ ~r~"s First Reading: 11- a~ - an ~~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- \yls~C, The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- 1 y lo~ of the City of Meridian, Idaho, and has found the same to be true and complete and provid'e`s adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 2 `[ day of l~Ier•1 ~,Qi~. 2010. r- ~~ ~. ~~ V~ William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 10-001 FAST EDDY'S TEN MILE STATION Page 1 A. Legal Description EXHIBIT A LEGAL DESCRIPTION FOR REZONE A PORTION OF THE COURTYARDS AT TEN MILE SUBDIVISION A parcel of land being a portion of The Courtyards at Ten Mile Subdivision located in the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Merktian, Cily of Meridian, Ada County, Idaho, described as follows: BASiS OF BEARINGS: The West line of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 00°42'44" West with the distance between monuments found to be 2646.35 feet. BEGINNING at the Northwest corner of the Northwest 1/4 of the Southwest 1/4 of Section 11, T. 3 N., R. 1 W., Boise Meridian from which the Southwest corner of said Southwest 1/4 hears South 00°42'44" West a distance of 2646.35 feet; Thence along the north line of said Southwest 1/4 South 89°20'02" East to the centerline of N. Gray Cloud Way a distance of 458.60 feet; Abng the centerlines of N. Gray Cloud Way and W. Treva Dr. the following: Thence South 00°41'42" West a distance of 108.12 feet to a point of curvature; Thence along a curve to the left with a radius of 55.00 feet and a central angle of 25°25'50" an arc length of 24.41 feet (with a chord bear~g of South 12°01'13" East, and a chord distance of 24.21 feet) to a point of tangency; Thence South 24°44'08" East a distance of 33.40 feet to a point of curvature; Thence along a curve to the right with a radius of 55.00 feet and a central angle of 25°25'50" an arc length of 24.41 feet (with a chord bearing of South 12°01'13" East, and a chord distance of 24.21 feet) to a point of tangency; Thence South 00°41'42" West a distance of 191.80 feet to a point of curvature; Thence along a curve to the right with a n~dius of 80.00 feet and a central angle of 54°59'25" an arc length of 78.59 feet (with a chord bearing of South 28°07'25" West, and a chord distance of 73.70 feet) to a point of tangency; Thence South 55°33'07" West a distance of 208.52 feet to a point of curvature; Thence along a curve to the right with a radius of 70.00 feet and a central angle of 35°08'34" an arc length of 42.94 feet (with a chord bearing of South 73°07'25" West, and a choM distance of 42.27 feet) to a point of tangency; Thence North 89°18'18" West to a point on the west line of said Southwest 1/4 a distance of 238.92 feet; Thence leaving said centerlines North 00°42'44" East a distance of 575.29 feet to the POINT OF BEGINNING. Said Parcel containing 256,848 square feet or b.90 acres, more or less and is subject to all existing easements and rights-of-ways of record or implied. END OF DESCRIPTION REVI / A~ROVAL Dale P. Meyers, P.L.S. 13653 8Y Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 831351 (zoa) 4ss-sas7 JUL 2 3 2010 MERIDIAN PUBLIC WORKS DEPT. Exhibit A B. Exhibit Map REY -PPROVAL BY.,._ ~~. a 3 Imo MERIDIAN WORKS DEP''r EXHIBIT B w~ ~. ~.~ ~,~~ ,08.48' N.T.8. ~ ` ~2i'4P08'E 8Sr10' ~ ~~ a! ® w~ N ~ t . ~ • ~ w~ Q Y ~~ w ~~ R,o '~ : ® ® ® ~ I c~urwT.w ClN11pE IAIO'IH RAONt O~I.TA ~EIIRrlO CFi01p TAlIOENT I Ct 9M1' fiA9' ~I.O/'~M' 3~'oi'1s"E M.tl• 1lAr • cx ~r eeov ~saM s~ror~s~e ~~ ~~~r ~ • ca ~,~r ~om~ air aa•ermrw ~.rr ~~.~r I o4 ax was aeroasr s»' oT:sw cur s~~r REZONE EXHIBIT FOR A PORTION OF • THE foURTYARDB AT T@! MILE BUBDM810N • LOCKI'ED r#I THE NW if4 OF THE SW 1M CIF 8ECTION 14, t+1~tt T041MBHIP 8 NOR7I•I, RANGE 4 NIIEST, S018E; IY~IOIMI, ~"'a+~~ MERIDMN, AQA t~l1NTf, IW1H0 ~YBYYIIWG Exhibit B